The Criminal Procedure Rules 2020 No. 759 (L. 19)

PART 2E+W[F1UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS]

Textual Amendments

F1Pt. 2 heading substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 3(a)

[F2POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONSE+W

Textual Amendments

F2Rule 2.11 and cross-heading inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 4(f)

Taking of statutory declarations by court officersE+W

2.11.—(1) This rule applies to a statutory declaration required by―

(a)rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or

(b)rule 44.2 (Statutory declaration of ignorance of proceedings).

(2) A court officer may take a statutory declaration to which this rule applies if that officer is—

(a)a justices’ legal adviser;

(b)nominated for the purpose by a justices’ legal adviser; or

(c)authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration).

[Note. Section 2 of the Commissioners for Oaths Act 1889allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]]